Hoshila Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44145 of 2016 Arising Out of PS.Case No. -131 Year- 2015 Thana -GOPALPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Hoshila Giri, son of Late Parma Giri, Resident of Village- Jagarnathpur, Police Station- Gopalpur, District- West Champaran. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 10-01-2017 Let the supplementary affidavit filed on behalf of the petitioner be kept on record.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Gopalpur P.S. Case No.131 of 2015 registered under Sections 341, 323, 354-B and 504 of the Indian Penal Code pending in the court of the Chief Judicial Magistrate, Bettiah, West Champaran. The accusation is that in the evening of 07.09.2015, when the informant had gone to attend the call of nature in the field then this petitioner on seeing her alone started to outrage her modesty and torn her blouse. When the informant made protest, the

Patna High Court Cr.Misc. No.44145 of 2016 (3) dt.10-01-2017 2/2 petitioner caused assault and abused her. On hulla being raised by the informant, the nearby people came there and the petitioner fled away from there.

Learned counsel appearing on behalf of the petitioner submits that, in fact, the informant had taken Rs.40,000/- from the petitioner at the time of performing marriage of her daughter and on making demand by the petitioner, the informant has lodged this false case.

Having considered the facts and the circumstances of the case and the nature of allegation, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court within two weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T